Terms of service

OVERVIEW

Welcome to DIVA LOOM! The terms "we", "us" and "our" refer to DIVA LOOM. DIVA LOOM operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). DIVA LOOM is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.


SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all the information you provide to us is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account.

You may not transfer, sell, assign, or license your account to any other person.


SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and their appearance in our online store.

However, colours and product appearance may vary slightly from how they appear on your screen due to differences in devices, screen settings, lighting, photography and other display configurations.

Product descriptions, specifications, availability and other product information may be changed or updated at any time without prior notice.

We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction.

We make reasonable efforts to ensure that the information displayed on our website is accurate. However, we do not guarantee that all product descriptions, images, colours, specifications or other information will always be complete, accurate or error-free.


SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the products selected by you.

DIVA LOOM reserves the right to accept or decline an order for any reason, including product availability, pricing errors, payment issues, suspected fraudulent activity or other circumstances.

Your order is considered accepted once DIVA LOOM has successfully processed and accepted the order.

Please review your order carefully before submitting it.

Once an order has been placed and accepted, it cannot be cancelled.

If we are unable to accept, process, modify or fulfil an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Purchases are subject to our Return & Refund Policy.

DIVA LOOM does not accept general returns or exchanges. Exceptions may apply where a customer receives a damaged, defective or incorrect product, subject to verification in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for unauthorised commercial resale or export.


SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions displayed on our website are subject to change without notice.

The price charged for a product will generally be the price displayed at the time the order is placed and will be reflected in your order confirmation.

Applicable taxes and shipping charges will be displayed at checkout where applicable.

Prices displayed on our online store may differ from prices offered through other sales channels, physical stores or third-party platforms.

We may offer promotions or discounts from time to time. Promotional offers may be subject to separate terms and conditions. Where there is a conflict between promotional terms and these Terms, the promotional terms will apply to the extent of that conflict.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your information, including your email address, phone number, billing information and shipping information, so that we can complete your transactions and contact you when necessary.

You represent and warrant that the payment information you provide is accurate and that you are authorised to use the payment method used for the purchase.

You agree to pay all charges associated with your purchase, including applicable product prices, shipping charges and applicable taxes.


SECTION 5 - SHIPPING AND DELIVERY

We aim to process and dispatch orders as quickly as reasonably possible.

Orders are generally processed and dispatched within 1–2 business days.

Estimated delivery time is approximately 3–7 business days after dispatch, depending on the delivery location and courier service.

Delivery timelines are estimates only and are not guaranteed.

Delivery may take longer due to circumstances beyond our reasonable control, including courier delays, weather conditions, public holidays, operational disruptions, incorrect or incomplete addresses, remote delivery locations or other unforeseen circumstances.

Once an order has been handed over to the shipping carrier, delays caused by the carrier are outside DIVA LOOM's direct control.

Where tracking information is available, it may be shared with the customer after dispatch.

Customers are responsible for providing an accurate and complete shipping address and contact information.


SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand name, logo, text, product descriptions, images, graphics, photographs, videos, audio, designs and the selection and arrangement thereof, are owned by DIVA LOOM or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit or commercially exploit any material available through our Services without our prior written consent.

Nothing in these Terms grants or should be interpreted as granting you any licence or other rights to use DIVA LOOM's trademarks, copyrights, designs or other intellectual property except as expressly permitted by these Terms.

DIVA LOOM's name, logo, product names, designs, slogans and other brand elements may constitute trademarks or other protected intellectual property.

Unauthorised use of our intellectual property is prohibited.


SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services as part of the Services.

These third-party tools may be provided by companies that we do not monitor or control.

You acknowledge and agree that such tools may be provided on an "as is" and "as available" basis without warranties or representations of any kind.

DIVA LOOM shall not be responsible for any loss or damage arising from your use of optional third-party tools, to the extent permitted by applicable law.

Your use of any third-party tools is at your own risk and discretion, and you should review the terms and conditions of the relevant third-party provider before using such tools.

We may introduce new features, services, tools or resources in the future. Any such features or resources will also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links or references to websites, applications, products or services operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability, security or practices of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own risk.

DIVA LOOM is not responsible for any loss, damage, transaction or other issue arising from your use of third-party websites, products or services.

Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third-party provider.


SECTION 9 - RELATIONSHIP WITH SHOPIFY

DIVA LOOM is powered by Shopify, which enables us to provide the Services to you.

However, purchases and sales made through our store are transactions directly between you and DIVA LOOM.

Shopify is not responsible for any aspect of sales or purchases made between you and DIVA LOOM, including any injury, damage or loss resulting from products purchased through our store, to the extent permitted by applicable law.

By using our Services, you acknowledge that Shopify provides the platform on which our store operates but is not the seller of the products offered by DIVA LOOM.


SECTION 10 - PRIVACY POLICY

All personal information collected through our Services is subject to our Privacy Policy.

By using our Services, you acknowledge that you have read and understood our Privacy Policy.

Because our store is hosted by Shopify, certain personal information relating to your access to and use of our Services may be collected and processed by Shopify and its service providers in accordance with applicable privacy policies.

Information you submit through our Services may be transmitted to and processed by Shopify and other service providers that assist us in operating our store, processing payments, fulfilling orders, providing customer support and delivering other services.

Please review our Privacy Policy for further information about how personal information is collected, used and protected.


SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, photographs, testimonials, proposals, plans or other content to DIVA LOOM ("Feedback"), you grant DIVA LOOM a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, improving and promoting our Services, subject to applicable law.

You represent and warrant that:

  1. You own or have the necessary rights to the Feedback you submit.

  2. Your Feedback does not violate the rights of any third party.

  3. Your Feedback complies with these Terms and applicable law.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may remove or refuse to publish Feedback that we believe is unlawful, offensive, defamatory, misleading, obscene, inappropriate, infringes intellectual property rights or otherwise violates these Terms.

You are solely responsible for the Feedback you submit and its accuracy.


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or within our Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

DIVA LOOM reserves the right to correct errors, inaccuracies or omissions and to update information at any time without prior notice.

Where permitted by applicable law, we may also cancel or modify an order if information relating to the order was materially incorrect, including incorrect pricing or availability.

If an order is affected by such an error, we will make reasonable efforts to contact the customer using the contact information provided with the order.


SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use our Services:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable law, regulation or legal requirement;

(c) to infringe upon or violate our intellectual property rights or the rights of others;

(d) to harass, abuse, insult, harm, defame, intimidate or discriminate against any person;

(e) to submit false, misleading or fraudulent information;

(f) to transmit or distribute malicious code, viruses or other harmful material;

(g) to impersonate another person or entity;

(h) to interfere with the operation, security or functionality of our Services;

(i) to collect or track the personal information of others without proper authorisation;

(j) to spam, phish or engage in fraudulent activity;

(k) to reproduce, duplicate, copy, sell, resell or exploit any portion of our Services without our written permission; or

(l) to engage in any activity that may harm DIVA LOOM, Shopify, our customers or other users.

We reserve the right to suspend or terminate access to our Services where we reasonably believe that these Terms have been violated.


SECTION 14 - AGENTS

This section applies if you use, allow, enable or cause the deployment of an automated or autonomous software agent to access, use or interact with our Services.

An "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.

No Agent may access, use or interact with our Services in a manner that violates these Terms or any applicable technical, security or access restrictions.

We may limit or restrict whether and how automated systems or Agents access, use or interact with our Services.

Agents must not conceal or misrepresent their automated nature or circumvent security measures, CAPTCHA systems, access restrictions or other measures designed to control access to our Services.


SECTION 15 - TERMINATION

We may suspend or terminate your access to our Services where permitted by applicable law if you violate these Terms or engage in conduct that may harm DIVA LOOM, our customers or our Services.

You will remain responsible for any amounts due to DIVA LOOM up to the date of termination.

Provisions relating to Intellectual Property, Feedback, Privacy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law and other provisions that by their nature should survive termination will continue to apply after termination.


SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through our Services is provided for general information purposes.

While we make reasonable efforts to keep our website and product information accurate and up to date, we do not guarantee that all information will always be complete, accurate, current or error-free.

Your use of our Services is at your own risk, to the extent permitted by applicable law.

Except where expressly stated otherwise, our Services are provided on an "as is" and "as available" basis, without warranties or representations of any kind, whether express or implied, to the fullest extent permitted by applicable law.

We do not guarantee that your use of our Services will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms is intended to exclude or limit any consumer rights, guarantees or protections that cannot legally be excluded or limited under applicable law.


SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, DIVA LOOM, its partners, employees, contractors, service providers, affiliates and licensors shall not be liable for indirect, incidental, special, consequential or punitive damages arising from or relating to your use of our Services or products purchased through our Services.

This includes, where permitted by law, loss of profits, revenue, savings, data or business opportunities.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.


SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless DIVA LOOM, its partners, employees, contractors, service providers and affiliates from claims, losses, damages, liabilities and reasonable expenses arising from:

  1. Your breach of these Terms of Service;

  2. Your violation of applicable law;

  3. Your violation of the rights of a third party; or

  4. Your misuse of our Services.

DIVA LOOM will make reasonable efforts to notify you of any claim to which this provision applies.


SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms.

The remaining provisions will continue to remain in full force and effect.


SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of DIVA LOOM to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy and other policies referenced on our website, constitute the entire agreement between you and DIVA LOOM regarding your use of our Services.

These Terms supersede any prior or contemporaneous agreements, communications or proposals relating to your use of our Services, whether oral or written.


SECTION 21 - ASSIGNMENT

You may not transfer, delegate or assign these Terms of Service or any of your rights or obligations under them without our prior written consent.

DIVA LOOM may assign or transfer its rights and obligations under these Terms where permitted by applicable law.


SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with the applicable laws of India.

Subject to applicable consumer protection laws and mandatory legal rights, disputes arising in connection with these Terms or your use of our Services shall be subject to the jurisdiction of the competent courts in New Delhi, India.


SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.


SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

DIVA LOOM reserves the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to review our Terms of Service periodically for changes.

Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to our Services after changes to these Terms are posted constitutes acceptance of those changes, subject to applicable law.


SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

DIVA LOOM

Email: support@divaloom.in
Phone: 9795660555
Address: B-4/18, Paschim Vihar, New Delhi, G.F., 110063, India